Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks

978 N.E.2d 447, 2012 Ind. App. LEXIS 548, 2012 WL 5360942
CourtIndiana Court of Appeals
DecidedNovember 1, 2012
Docket49A02-1112-CC-1097
StatusPublished
Cited by6 cases

This text of 978 N.E.2d 447 (Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of Waterworks, 978 N.E.2d 447, 2012 Ind. App. LEXIS 548, 2012 WL 5360942 (Ind. Ct. App. 2012).

Opinion

OPINION

BRADFORD, Judge.

After Veolia Water twice turned her water off for non-payment, appellant Leslie Bridges filed a class action seeking return of her $25 reconnection fee and other unspecified damages and attorney’s fees. The trial court dismissed, concluding that Bridges had failed to exhaust the administrative remedies available at the Indiana Utilities Regulatory Commission. We conclude that the trial court was correct to hold that Bridges was obliged to seek those remedies before seeking judicial relief.

FACTS AND PROCEDURAL HISTORY 1

In or about March of 2002, the City of Indianapolis, Department of Waterworks (the “Department”) acquired the waterworks assets of IWC Resources Corporation. In acquiring the waterworks assets, the Department explicitly agreed that it would remain subject to the jurisdiction of the Indiana Utility Regulatory Commission (“IURC”) for purposes of rates and charges, and that it would operate the waterworks systems in accordance with the IURC’s rules of service. The purchase was approved by the IURC on March 28, 2002 (the “2002 Order”). The 2002 Order reiterated that the Department would remain subject to the IURC’s jurisdiction for purposes of rates and charges and that the Department would operate the waterworks systems in accordance with the IURC’s rules of service.

The Department is a municipal water utility. Veolia Water Indianapolis, LLC and Veolia Water North America Operating Service, LLC (collectively, “Veolia”) is an independent contractor who, at all times relevant to this appeal, managed and operated all water treatment and distribution facilities owned by the Department. Under the terms of its contract, Veolia managed and operated all meter reading, billing, and collection functions. Veolia was responsible for handling all customer complaints and service requests. Veolia was also responsible for performing any disconnection of residential water service for nonpayment.

The services provided to residential customers by Veolia were governed by a tariff (the “Tariff’). The Tariff was approved by the IURC on September 11, 2002, and contained approved fees and procedures relating to the disconnection of residential water service for nonpayment. According to the terms of the Tariff, the procedure for involuntary disconnection was as follows:

(D) Procedure for Involuntary Disconnection of Residential Customers. Immediately preceding the disconnection of service to a residential customer, the Department’s employee designated to perform such function will attempt to identify himself to the residential customer or other responsible person then at the premises. The employee will announce the purpose of the visit, and a record of the visit will be maintained for *451 at least thirty (30) days. The employee will also attempt to inform the residential customer or other responsible person of the reason for disconnection including, if the reason for disconnection is nonpayment, the amount of any delinquent bill. The employee will request from the residential customer any available verification that the reason for disconnection of service is no longer valid (such as, but not limited to, written evidence that the delinquent bill has been paid or evidence that the conditions, circumstances or practices which caused the disconnection have been corrected) or that the reason of disconnection is currently in dispute and under review, pursuant to Rule 11. The employee will not be required to accept payment in order to prevent the service from being disconnected for nonpayment; however, the Department’s 24-hour payment agreement will be offered as an option to disconnection should the customer or other responsible party offer such payment. Upon the presentation of satisfactory evidence or acceptance by the customer or other responsible party of the Department’s 24-hour payment agreement, service will not be disconnected. When the employee has disconnected the service, he will give to a responsible person at the residential customer’s premises, or if no one is at home, will leave at an entry way on the premises, a notice stating that service has been disconnected and the address and telephone number of the Department where the customer may arrange to have service reconnected.

Appellant’s App. pp. 46-47. The Tariff also provided that a residential customer would be subject to a $25 re-connect fee after having their water service involuntarily disconnected for nonpayment. Further, in addition to its other terms, the Tariff set forth the administrative process to be utilized by aggrieved customers. Specifically, the Tariff provided as follows:

(A) Complaint. A customer may complain to the Department at any time about any bill which is not then delinquent, a security deposit, a disconnection notice, or any other matter relating to the Department’s service and may also request a conference about such matters. The complaints may be made in person, in writing, or by completing a form available from either the [IURC] or from the Department at its business office. A complaint shall be considered filed upon receipt by the Department, except mailed complaints shall be considered filed as of the postmark date. In making a complaint or requesting a conference (hereinafter “complaint”), the customer shall state his name, service address and the general nature of his complaint.
(B) Investigation of Complaint and, Notification of Proposed Disposition. Upon receiving each such complaint, the Department will investigation [sic] the matter, confer with the customer when requested and notify him, in writing, of its proposed disposition of the matter. Such written notification will advise the customer that he may, within seven days following the date on which such notification is mailed, request a review of the Department’s proposed disposition by the [IURC]. If the customer requests a special meter reading, the first reading of the customer’s meter by the Department during its investigation shall not be subject to the charge for a special meter reading prescribed in the Department’s rate schedules. Subsequent readings, however, if requested by the customer, will be subject to the charge.

Appellant’s App. p. 63. The IURC has also established and made available procedures for the handling of complaints against a utility.

*452 On March 4, 2011, Bridges filed a complaint in the trial court alleging that Veolia and/or the Department (collectively, the “Appellees”) committed a breach of contract by violating the terms of the Tariff governing the service provided to residential customers. 2 Specifically, Bridges alleged that Veolia turned off her residential water service without following the procedures set forth in the Tariff on two separate occasions. In bringing the suit, Bridges sought damages, 3 attorneys’ fees, and costs. Bridges also requested that the trial court impose an injunction prohibiting Veolia from continuing to disconnect residential water service in a manner not permitted by the Tariff. 4

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978 N.E.2d 447, 2012 Ind. App. LEXIS 548, 2012 WL 5360942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-bridges-v-veolia-water-indianapolis-llc-veolia-water-north-indctapp-2012.